ANTITRUST COMPLIANCE IN THE CONTEXT OF APPLYING A RISK-BASED APPROACH TO ANTITRUST CONTROL

Authors

  • Kirill Andreevich Pisenko
  • Stanislav Lvovich Botvinnik

Keywords:

economy, efficiency, risk category, competition, the balance of interests, supervision, control, risk-based approach, antitrust compliance

Abstract

Legal issues of antitrust compliance are of particular relevance for research due to the need to determine the legal consequences of this initiative for market participants in the Russian Federation following the adoption of amendments to the Law of the Russian Federation on Protection of Competition. According to this law, antitrust compliance has become part of the regulation of competitive relations in the Russian Federation. At the same time, a risk-based approach is being introduced in Russia in order to increase the effectiveness of control and supervision activities. In Russia, antitrust compliance forms an integral part of a risk-based approach. The authors of this article attempt to determine the legal significance of antitrust compliance for market participants, considering it as an integral element of a risk-based approach. The work as well identifies current issues and problems associated with its application in terms of a balance of interests. The article concludes that the models to stimulate the implementation of antitrust compliance in Russia have been established. It states that the model in question a development potential, and at the same time - several shortcomings. Both these sides allow us to consider it as an actual direction for scientific and practical research to justify the adjustment of antitrust enforcement in order to ensure the balance of interests.

Published

2021-02-01

Issue

Section

Artigos e Ensaios